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NAGALAND ACT 5 OF 1970

THE NAG ALAND CINEMAS (REGULATION) ACT 1969

Received the assent of the President of India on the 23th March 1970
Published

ill

the Nagaland Gazette-Extraordinary, dated the

25th March, 1970

Act to mnke provision for regulating exblbition! by

memns of cinematographs and the licensing 'of c k m m
in 'the State of Nagaland.

A11

Prearn ble.- W HEREAS it is expedient r o make provision for

regulating exhibitions by means of cinematographs and the ~liccnsing'of
cinemas in the State o f Nagaland.
..
.I:JI).

Ii is hereby enacted in the Twentieth Year of the Republic of India as

follows :..I,.

Short title extent and cgmmencement.-1.

(I)
called the Nagaland Cinemas [Regulation) Act, 1969.

This Act may be

( 2 ) It extends to the whole of Nagatand.

(3) It shall come into force on such date as the State Government
may, by notification in the Oficial Gazette, appoint.
Definitions.-2.

In this Act, unless there is anything repugnant i~ the

subject or context ;

' (u) '.cinematograph" includes any apparatus for the representstio~

of moving pictures or series of pictures ;
(b) "place" includes a house, building, tent and any description of
transport, whether by river, land or air ;
. .

(el "prescribed" means prescribed by rules made under this Act.

Save as otherwise
Cinematograph exhibitions to be licensed.-3.
provided in this Act, no person shall give .an exhibition by means of.,a

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;iaematogmphy elsewhere than in a p l a ~ elicensed undcr this Act. or

otherwise than in compliance with any ~ondilionsand restrictions.
Licensing Authority.4. Subject to provisions of section 5, the
Deputy Commissioner; within the jurisdiction of his district or afiy other
rluthority constituted by the Statc Government by notification in the
O f k i d Gazette (hieinalter referred to as the Licensing Authority) for the
?hole or any part of the State may grant licenses under this Act :

Provided that no license shall be issued by the Licensing ~ u t h o rtyi

except with the previous apprnval of the Statc Goverument and, in
~ r d i n g s u c h a p p r o v a 1 t b e S t a t e G 0 ~ ~ ~ ~ t~a~k fe i nt r~e~ aconsideration
ll
allapfications
far
the
liceme
in
question
and
afrrr
such
consideraliull
.
nay accord its approval to the Ijropasal submitted by rhe Licensing
Authority or direct such
authority to
grant a license to any
af the other applicants with or without such conditions ns it m y
dcemproper and jn such cases such direction shall be deemed to bethe
previous approval of thc Slate Government.

Restriction on power of Iicensing authority.-5.

( I ) The
Licensing Authority shall not grant a license undcr this Act unless it is
satisfied that(a) the rules made under, this Act , have been substantially curnpl~cd
with ;and

(b) adequate precaution hove been taken in t h e place in respect o f

which the Iicense i s to be given to provide Tor rlle safcry of
persons attending exhibitions tberin.

(2) The S u t e Government may, from time io . rime, issue direcii sns
m licemees generally or to any licensee in particular for the purposc of
rcgulaiog tbe c~hibitionof any film or class or films, so thai scientific films,
6Ms intended for educational purposes, films deaIing w i ~ h news 2nd
;urrcnt events, documentary films or indegenous films secure an sdequate
3pporh~nityof beingexhibited, or-where any such directions have been issued

.&ose, directions shall be deemed .to be additional conditions and restrictions

qubject to which thc license has been gmnted.

Power t o direct licensee not t o exhibit certain films.4. Power

of the State Government or Deputy Commissioner to susp~ndexhibition of
films in certain cases :-

( I ) The Government in respect of the whole of the State or any part

thereof, and the Deputy Commissioner within his jurisdiction may,( i ) if they or hc are or is of opinion that any film which is being or
is about to be publicly exbibited is likely to cause a breach of the

peace; or
( i i ) for any other sufficient reason, by order, suspend the exhibition of

the film ; and during such suspension, no person shall exhibit

such film or permit it to be exbibited in any place in the
State or any part or district tbcreof, as the case may be.

(2) No order shall be issued under sub-sectisa ( I ) until Chc person

concerned has been given a reasonable opportunity of showing cause against
. ..
the order proposed to be issued in regard to him :
.
, v .

Provided that this sub-section shall not apply where the Government
or the Deputy Commissioner for issuing the order shall be communicated lo
the person concerned as soon as it becomes reasonably practicable to
communicate the reason to him.
(3) If any question arises whether it is reasonably practicable to give to
any person an oportunity of showing cause under sub-section (21, the decision
thereon of the Government or the Deputy Commissioner, as.the case, may-be
.
shall be final,
,

(4) Where an order under sub-section ( I ) has been issued by the Deputy
Commissioner, a copy thereof, together with a 'statement of the reasons
therefore, shail forthwith be forwarded by him to the Goirernrnent, and the

Government may on a codsideration of all the facts of the,case,vary or

discharge the order.
(5) An order issued under sub-section ( 1 ) shall remain inforce for a
period of two weeks from the date thereof, but the Government may,.if
thty are of opinion that the ordcr shocld continue in force, direct that the
period of suspension shall be extended by such further period or periods not
exceeding six weeks in the aggregate as they think fit :

Provided that the Government or the Deputy Commissioner may

review their own order.

Penalties for contravention of this Act.-7.

If the owner or
person in charge of cinematograph uses the same or allows it to be used, or if
the owner or occupier of any place permits that place to be used in contravention, of the provisions of this Act and Rules made thereunder
or of the conditions and restrictions upon or subject to which any licence has
been given under the Act, he shall be punishable with fine, which may extend to one thousand rupees and in the case of a continuing offence, with a further
fine which may extend to one hundred rupees-fareach day during which the
offence continues.
Power to revoke licence.+S. I n the event of any contravention by
the holder of a licence of any of the provisions of this Act or Rules rnadc
thereunder or any of the conditions or restrictions upon or subject to which
the licence has been granted to him under this Act or in the event of his
conviction ofan oflenceunder section 7 of this Act or under section 7 of the
Cinematograph Act, 1952 (XXXVLI of 19S2), the licensing Authority m a y
revoke the licence or suspend it for such period as it may think fit.
Appeals and Reviews.-9.
(1) Any person aggrieved by the decision
of the Licensing Authority undcr any provision of this Act except an order
passed under. section 4 may appml to the State ~overnrnenior to such
&cer as the State Government m y authorise in this behalf and the State
Government or such officer, as the case may be, may make such .order as it
or he deems proper.
. (2) Appeal under sub-section(I) shall be filed within 15 days from
the date of the order excluding the period required in obtaining the copy of
the order .provided that the- Appellate Authority may extent the time for
reasons found sufficientto its satisfaction.

(3) Any person considering himself aggrieved by an order passed

under section 4 for;gtanting a license with the approval of the State
-

Government may file an application for review of the order and the approval
to the State Government within a period of 30 days from the date of the
order arid thereupon the State Government after giving a hearing to the
parties concerned may-

- ,

I,

NAGALAND
Am 5 OF 1970
4

(i) reject the application, or

(ii) where it is of opinion that suficient ground for review hae been

established, grant the same,

(0)

by withdrawing its approval or direclion issued under

section 4 a ~ dremand the applications to the Licensing
Authority concerned for fresh enquiry, or

( i i i ) direct the Licensing Authority to' isiue the license to any of the

applicants.

( 4 All appeals pending on the date';[

Act shall be disposed of in accordance with the

the commencement of this

of this Act.

Power to make Rules.-10

(1) The State Government may, by
notification i; tbc Official Gazkte, make rules for the purpose of carrying
into efiect the provisions of this Act.

(2) .In particular and without prejudice to the generality of the

foregoing power, rules made under this Act may provide for-

procedure in accordance with which a license may be

obtained and the terms, conditions and restrictions, if any, s~bject
to which a license may be granted under this Act ;

(a) thc

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(b) the regulation of cinematograph exhibitions for securing public'.

safety ;
,

{c)

the time within which and-the conditions subject to which-an' appeal under scction 9 may be preferred.

( d ) regulating the means of entrance and exit at places licensed under

this Act and providing for prevention of disturbance there
at ;
(e)

regulating or prohibiting the sale of any ticket or pajs for

adnlission by whatcver name called to a place licensed
under this Act.

(3) Every rule made under this section shall be laid, as soon as
may be after i t is made, before the 'Nagala'nd,Legislative Assembly while
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it is io session for a total period of fourteen days which may be comprised

in one session or in two successive sessions, and if before the expiry of the
sessionin which it is so laid or the sessions immediarely following the
Nagaland Legislative Assembly agree in making any mod@cation in the
rule or the Nagaland Legislative Assembly agree that the rule should not
be made, the rule shall thereafter have effect only in such modified form
or be of no eEect as the case may be ; so however, tbat any such modification

or annulment shall be without prejudice to the validity of anything

previously done under tbat rule.

Power to exempt. 11. The State Government may, by order in

writing exempt subject to such conditions and restrictions as it may
impose, any-cinematographexhibitions from any of the provisions of this Act
or of any Rules thereunder.
Repeal and saving.-12The Assam Cinema (Reg~lation) Act,
1953 (Act X I Y of 1953) in its application to the State of Nagaland and in
so far as it relates to the regulation of Exhibition by means of Cinematograph (including licensing of places in which Cinematograph film are
exhibited), is hereby repealed
.

. . . . Provided that .any appointment, notification, order, scheme, rules,

form or bye:law made or issued under the repealed Act, shall, so Tar as it
is not inconsistent with the provisions of this Act, continue in force and be
deemed' to h&vemadkor issued under the provisions of the Act, unless and
until it is superaedtd by any appointment, notific dion, order, scheme, rulc,
form or bye-law made or issued under this Act.